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DiGIOVANNI v. TRAYLOR BROS., INC.

No. 90-1957.

959 F.2d 1119 (1992)

Rocco P. DIGIOVANNI, Jr., Appellee, v. TRAYLOR BROTHERS, INC., Appellant.

United States Court of Appeals, First Circuit.

Decided March 4, 1992.

Rehearing and Rehearing Denied March 27, 1992.

Attorney(s) appearing for the Case

Andrew Rothschild with whom Eric D. Paulsrud, John D. Husmann, and Lewis, Rice & Fingersh, St. Louis, Mo., were on brief, for appellant.

David B. Kaplan, with whom Thomas M. Bond, The Kaplan Bond Group, Boston, Mass., Paul Gallogly, and Lovett, Schefrin, Gallogly & Harnett, Providence, R.I., were on brief, for appellee.

Before BREYER, Chief Judge, BAILEY ALDRICH, Senior Circuit Judge, CAMPBELL, Circuit Judge, BOWNES, Senior Circuit Judge, TORRUELLA, SELYA and CYR, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 27, 1992.

OPINION EN BANC

BAILEY ALDRICH, Senior Circuit Judge.

Defendant petitions for rehearing on the single issue of Jones Act recovery, renewing its claim that plaintiff, a member of the carpenter's union, is not a seaman, and the barge, the BETTY F, was not to be regarded as a vessel, particularly in light of a number of recent cases, notably in the Fifth Circuit. It asks us to reconsider our holding...

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